Alleged Sexual Harassment: You’ve a case to answer, court tells Prof Ndifon

Nevertheless, the court held that the defendants were at liberty to rest their case on evidence already laid by the prosecution.

The judge noted that the defendants are on trial for “causing a person to send phonographic images of themselves, soliciting for nude pictures and committing acts intended to pervert the course of justice.”

He held that evidence already adduced by the prosecution revealed a  prima facie that the 1st defendant (Ndifon) solicited for the nude photos of PW2 (female diploma student) with the promise of giving her admission into the Faculty of Law of UNICAL.

“The PW-1, who was one of the investigators, testified that examinations carried out on the phone of the 1st defendant reveals messages from 1st defendant to PW2 soliciting for these images.

“This court thinks these pieces of evidence requires some explanation from the ist defendant as to the purpose and intents of the messages.

“With regards to counts 3 and 4, evidence led by the prosecution shows that while the original charge was pending, the 1st defendant sent the phone number of PW2 to the 2nd defendant (Anyanwu) who was counsel to 1st defendant, to call her.

“It is alleged by the prosecution that the purpose of the call was for PW2 not to honour the invitation of the ICPC.

“Taken on its own, this piece of evidence, prima facie, establishes a case of intent to pervert the cause of justice.

“The defendants are therefore required to explain the relationship between 2nd defendant and PW2.

“These and other pieces of evidence needs the defendants to explain their side of the story,” the trial judge added.

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Nonetheless, he said the ruling was not an indication that the court has found the defendants guilty of the allegations, stressing that they still enjoy the presumption of innocence that is guaranteed to them under the 1999 Constitution, as amended.

The court subsequently adjourned the matter till March 12 to enable the defendants to open their defence.

Meantime, earlier in the proceedings, Justice Omotosho varied Prof. Ndifon’s bail condition by allowing two Senior Advocates of Nigeria, SANs, to stand as his sureties.

Those that volunteered to stand surety for the defendant were a three-time Senator that represented Cross River Central Senatorial District, Victor Ndoma-Egba, SAN, and Mr Okon Efut, SAN.

The court, which remanded the defendants in prison custody, had on February 9, admitted Prof. Ndifon on bail in the sum of N250million with two sureties in the like sum.

It maintained that the sureties must own landed properties in the FCT with registered titles and a minimum valuation of N150m, adding that they must submit their certified bank statements to the Registrar of the court.

The court further directed the embattled don to surrender his international passport and also undertake not to interfere with the case.

Following his inability to meet the conditions, Ndifon re-approached the court, praying it to vary his bail terms.

He specifically urged the court to allow the two senior lawyers to stand as his sureties.

While granting the request, Justice Omotosho noted that the charge against the defendant did not contain capital offences.

Even though he did not reduce the bail bond, the trial judge admitted the two SANs to stand as sureties to the defendant.

Alleged Sexual Harassment: You’ve a case to answer, court tells Prof Ndifon